National Security (Supplementary) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 468

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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1940.

Dated this twenty third day of October, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

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Amendment of the National Security (Supplementary) Regulations.

The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—

Administration of affairs of persons missing as result of war operations, &c.

80”.—(1.) Where it appears to the Attorney-General, or an authorized person, that any person—

(a) is a prisoner of war or internee in any place outside Australia; or

(b)is missing as a result of war operations and has not been presumed dead by a competent court and is not, according to the official records of the Department of the Navy, the Department of the Army or the Department of Air, presumed to be dead,

and that that person—

(c) is entitled to property in Australia; and

(d) has not made satisfactory arrangements for the management and control of that property or any part thereof or for the support of his dependants,

the Attorney-General or authorized person may, by writing, declare that person to be a person to whom this regulation applies.

“(2.) Notwithstanding anything contained in the law of any State, where a declaration under the last preceding sub-regulation has been made in relation to any person, the public trust officer of any State shall, upon receipt of the declaration, or a copy thereof signed by

 

* Notified in the Commonwealth Gazette on , 1942.

Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote   to Statutory Rules 1942, No.       and see also Statutory Rules 1942, Nos.

7108.—Price 3d. 22/19.10.1942.

 

the Attorney-General or authorized person, be deemed to be the attorney of the declared person in relation to all property of that person in that State (except to the extent that any other person has authority to manage or deal with any part of that property) and shall have power—

(a) to take possession of the property;

(b)to bring any action or other proceeding relating to the property, and to defend, compromise, confess, or submit to judgment in any or all actions, claims, demands and proceedings touching the property;

(c) if, in his absolute discretion, he thinks it necessary in the interests of the declared person, or for the purpose of the maintenance of his wife, husband, parents, children, brothers or sisters or other dependants or of enabling any payment or deduction authorized by this regulation to be made, to sell the property or any part thereof;

(d)to lease the property or any part thereof for a term not exceeding one year, or from year to year;

(e) to receive, sue for and recover any moneys owing to the declared person;

(f) to insure any buildings or goods against loss by fire or war damage, and to insure the interest of the declared person in any crops or the product thereof against loss by the causes usually insured against in relation thereto;

(g)to pay the premiums due or which accrue due upon any existing policy of assurance upon the life of the declared person;

(h)to enter into any share farming or other working agreement with any person for the carrying on of any business of the declared person;

(i)to pay rates, taxes and other outgoings payable in respect of the property or necessary for its proper preservation;

(j)to pay, out of moneys received by him in the exercise of any of the foregoing powers, any debts owing by the declared person;

(k) to apply moneys received by him in the exercise of any of the foregoing powers in the maintenance of the wife, husband, parents, children, brothers or sisters or other dependants of the declared person, or in payment of the reasonable funeral expenses of any of those persons;

(l)to execute in his own name and on behalf of the declared person all deeds and other instruments which are necessary for any of the purposes of this regulation;

(m) to complete, carry out or vary in such manner as he thinks fit any valid subsisting contract affecting the property, or discharge any obligation attaching thereto at the time the property comes under his jurisdiction;

(n)to invest any moneys received by him in the exercise of any of the foregoing powers in any securities allowed by law for the investment of trust funds, and to vary any such investment; and

 

(o) to deduct from any moneys in his hands belonging to the declared person any expenses incurred by him in the exercise of any of his powers under this regulation, and commission at rates not exceeding the following rates, namely—

(i) upon the gross amount of all assets realized—one and one quarter per centum;

(ii) upon the gross amount of income received—two and one half per centum;

and to pay any such fees, charges or commission into the public revenues of the State, or such other fund as the Attorney-General directs.

“(3.) The Attorney-General or an authorized person may at any time revoke any declaration under sub-regulation (1.) of this regulation, but no such revocation shall have any effect in relation to anything done by a public trust officer or any other person before he has notice of the revocation.

“(4.) The death of a declared person (whether before or after the making of the declaration under sub-regulation (1.) of this regulation) shall not have any effect in relation to anything done by a public trust officer or any other person in pursuance of this regulation before he has express notice of that death.

“(5.) In this regulation—

‘authorized person’ means a person authorized by the Attorney-General to make declarations in pursuance of sub-regulation (1.) of this regulation;

‘children’ includes ex-nuptial children;

‘declared person’ means a person declared, in pursuance of sub-regulation (1.) of this regulation, to be a person to whom this regulation applies;

‘public trust officer’ means—

(a)in relation to each of the States of New South Wales, Victoria, South Australia, Western Australia and Tasmania—the Public Trustee; and

(b) in relation to the State of Queensland—the Public Curator,

for the time being holding office under the law of the State.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.